Child Custody Issues
Move Away Cases and Children
Through out the past years, factors in move away cases have been added and deleted from the court's laundry list. Unless the move is prompted by absolute circumstances (ie: military move away), the court would like to ascertain the following: 1. Is there a detriment established by the distance of move (will the child's relationship with non-moving parent be impaired as a result of the move)? 2. Where is the…
Read More
“I WANT TO MOVE AWAY WITH MY CHILD BUT MY EX WON’T LET ME – WHAT CAN I DO!?!”
In today's society, it is becoming ever more common that children are raised by parents who live separate and apart. Add to that the drastically rising cost of living in many Southern California areas and you are left with many parents who want to move to another area and take their child or children with them against the will of the other parent. This type of case in Family Law…
Read More
Moving Away with Your Child While Divorce is Pending
You and your spouse are just barely able to stand one another at times. Your son just turned 11 months old. You and your spouse have talked about getting a divorce. You have no friends in the area. You came from Oklahoma and you want to go back. Your spouse grew up here and wants to stay here. Of course, you want to take your son with you. Your spouse…
Read More
Asking the Court to Allow You to Move Away from Area with Your Child
Once a divorce petition is filed, both parties are restrained from removing the child(ren) from the jurisdiction (area) without prior written consent of the other party. Let's say you have recently filed for divorce and you now want to move to Hawaii with your two young children. If the other party (your spouse) is opposed to this, your only other option is to ask the court to allow you to…
Read More